Abuse of Power in Practice

by Mark M. Bello

Last week, in Part I of ‘TRUMP THE LAWBREAKER,’ we discussed the erosion of equal justice in America. In Part II, we’ll discuss what that erosion looks like in real time.

Not in theory or law school hypotheticals, but in the daily Exercise of presidential power.

Because once enforcement becomes selective, the next step is inevitable:

Power stops following the law—and starts bending it to its will

Immigration: Enforcement Without Constraint

The federal government has unquestioned authority to enforce immigration law.

But legal authority has limits.

• The Fourth Amendment prohibits unlawful seizures
• The Fifth Amendment guarantees due process
• The Fourteenth Amendment protects against unequal treatment

Those protections apply to everyone on U.S. soil, not just citizens.

Yet, enforcement policies under Donald Trump have resulted in:

• Detentions without adequate due process
• Sweeping enforcement actions based on ethnic profiling
• Mistaken or deliberate detention of U.S. citizens based on ethnic profiling
• Aggressive tactics that blur the line between enforcement and intimidation

These are not abstract concerns. They go to the heart of constitutional governance:

In our democracy, the federal government may not enforce the law by ignoring the Constitution.

When enforcement becomes untethered from constitutional limits, it is no longer law enforcement—it is the exercise of unlawful power.

War Powers: “Legal” Isn’t Necessarily Constitutional

The President is Commander-in-Chief of our armed forces. But Congress holds the power to declare war. That division is not optional. It is foundational.

Yet modern presidencies—including Trump’s—have stretched that boundary through:

• Unilateral military actions
• Expansive interpretations of executive authority
• Minimal or delayed congressional oversight

Some of these actions may be ‘legally’ defensible, but legality is not the only standard.

Our Constitution was designed to prevent a system that allows the executive to initiate conflict without meaningful accountability.

The framers were concerned about the risks of concentrated power. So, when rhetoric escalates to threats of overwhelming or disproportionate force, the concern extends beyond domestic law (immigration) into the realm of international norms (war in Iran).

Power exercised without restraint—especially military power—is the most dangerous form.

The Justice Department: From Independent Actor to Political Tool

The United States Department of Justice was designed to be insulated from political influence. That’s been the tradition, and with good reason: Once law enforcement becomes political, every investigation—or non-investigation—becomes suspect.

Under Trump, the DOJ has been used as the president’s personal grievance law firm. Here are just a few examples:

• Investigations targeting perceived political adversaries
• Public accusations unsupported by subsequent charges
• Subpoenas issued and later withdrawn
• Probes loudly launched, then quietly abandoned for lack of evidence

These patterns matter. They demonstrated that law enforcement under Trump is driven more by loyalty to the chief than by the operation of law. And when that happens, the credibility of our justice system begins to collapse.

Settlements, Pardons, and the Power to Erase Consequences

Presidential power includes two of the most extraordinary legal tools available:

• The power to settle claims through the Justice Department
• The power to grant pardons and clemency

Both are lawful, but both can be abused.

Under Trump, we’ve seen a pattern of DOJ settlements benefiting, even enriching, people who are aligned with the President. We’ve also seen pardons issued to political allies convicted of serious federal offenses. Michael Flynn, Paul Manafort, Rod Blagojevich, Steve Bannon, and a host of January 6 insurrectionists have received clemency or pardon relief from Donald Trump.

Are these pardons illegal? No. But they send a message. Crimes are okay; consequences are negotiable—if you are close enough and loyal enough to the president of the United States.

That is not how justice in our democracy is supposed to work. It is, however, how influence works.

Institutions Under Pressure

The presidency carries immense influence—not just over law enforcement, but over institutions. Universities. Corporations. Media organizations. Civil society.

Trump’s conflicts with institutions like Harvard University and Columbia University demonstrate a dangerous use of government authority, deployed to influence speech, punish dissent, and force alignment. The use of federal power—whether through funding, investigation, or public pressure—to shape institutional behavior crosses the line between governance and coercion.

And once that line is crossed, it rarely moves back.

From Enforcement to Control

The patterns are clear:

• Immigration enforcement stretches constitutional limits
• Military power expands beyond traditional checks
• Law enforcement tools are applied selectively
• Pardons erase consequences for the politically and financially connected
• Institutions face pressure to conform

These applications of power have morphed into abuses of power, and they point in one direction:

A consolidation of authority in the executive branch at the expense of accountability.

The Framers did not assume that constitutional power would be used responsibly. In fact, they assumed the opposite. And that is why they divided, limited, and placed checks and balances on power. Limits it.

But those safeguards depend on something more than text. They depend on each branch of government demonstrating loyalty to the country, not to one another. When our elected officials betray their oaths to our country to demonstrate fealty to the chief executive, the system fails.

Law is the bedrock of our democracy. When a president can choose when to enforce the law and who must obey it, democracy is in serious trouble.

That is no hypothetical—it is the reality of the Trump presidency—

And a warning to us all.

Mark M. Bello is an attorney and award-winning author of the Zachary Blake Legal Thriller Series, ripped-from-the-headlines, realistic fiction that speaks truth to power and champions the rights of citizens in our justice system. These novels are dedicated to the social justice movement. They educate, spark discussion, and inspire readers to action. One of these was “Betrayal of Justice, a blistering novel about presidential misconduct and hypocrisy” For more information, please visit www.markmbello.com.

 

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Bob Gatty Author, Podcaster, Blogger

For many years, Bob Gatty worked as a writer, editor, and communications consultant, based on the Washington, DC area with a focus on government and politics. He began at The Pittsburgh Courier, an African American weekly, covering crime and the courts. His salary was $55 per week before moving on to two local Pennsylvania dailies. At age 24, he began reporting for United Press International covering state politics in Pennsylvania and then New Jersey, where he was UPI’s state capitol bureau in Trenton.

Tempted by the allure of Washington, DC and big-time politics, at age 29 Bob became press secretary and chief of staff for two Congressmen – first Republican Edwin B. Forsythe, and then Democrat James J. Florio, who later became governor of New Jersey and until his recent death was a frequent podcast guest and co-host of Bob’s NFN Radio News podcast (now called Lean to the Left).

After seven years on Capitol Hill, Bob opened a communications business in Washington, first providing political media consulting to candidates and then freelance Washington coverage for business and trade magazines, plus creative communications services for trade and professional associations, including social media. This work involved articles and analyses of key governmental developments affecting businesses, such as the food and Health industries, retailing, and the environment.

His work as a communications consultant to trade and professional associations included launching and editing association publications, providing website content and social media assistance, and covering conferences and conventions.

Bob retired from G-Net Strategic Communications in 2016 and moved to Myrtle Beach, SC, where he launched his blog site, first called Not Fake News, now known as Lean to the Left.

Hijacked Nation
In August, 2020, Bob and co-author Chris Waldron, one of Lean to the Left's most loyal and prolific contributor, published "Hijacked Nation-Donald Trump's Attack on America's Greatness," a two-volume compilation of blogs regarding Trump's presidency and the consequences for our nation. A followup volume was published by Luna Global Media in September 2024. It is available at https://amzn.to/4ePrTF7 .

In all three volumes, blogs from Not Fake News and Lean to the Left create a virtual play-by-play of key actions of the Trump administration and Congress. For more information, please visit https://leantotheleft.net/books/, and visit Bob's Author's Page on Amazon, https://www.amazon.com/stores/Bob-Gatty/author/B08C7HWXZ5?ref=ap_rdr&isDramIntegrated=true&shoppingPortalEnabled=true&ccs_id=4e603563-7251-4074-b54d-40800c4ce40a.

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